State v. Northcutt

District Court of Appeal of Florida

State v. Northcutt

571 So. 2d 585, 1990 Fla. App. LEXIS 9800, 1990 WL 211745

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1990

DocketNos. 90-0786, 90-0787

StatusPublished

This text of 571 So. 2d 585 (State v. Northcutt) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Northcutt, 571 So. 2d 585, 1990 Fla. App. LEXIS 9800, 1990 WL 211745 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The state appeals a downward departure sentence entered without providing written reasons therefor. We reverse based on Ree v. State, 565 So.2d 1329 (Fla.1990). Upon remand, the court must resentence appellant with no possibility for departure from the guidelines. Pope v. State, 561 So.2d 554 (Fla.1990). However, recognizing that there remains a question of whether Pope has retroactive application, see State v. Smith, 15 F.L.W. 1520 (Fla. 3d DCA 1990), we certify the same question as in Smith:

Should Pope v. State be applied retroactively to sentences imposed prior to April 26, 1990?

DELL, STONE and WARNER, JJ., concur.

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PER CURIAM.

The state appeals a downward departure sentence entered without providing written reasons therefor. We reverse based on Ree v. State, 565 So.2d 1329 (Fla.1990). Upon remand, the court must resentence appellant with no possibility for departure from the guidelines. Pope v. State, 561 So.2d 554 (Fla.1990). However, recognizing that there remains a question of whether Pope has retroactive application, see State v. Smith, 15 F.L.W. 1520 (Fla. 3d DCA 1990), we certify the same question as in Smith:

Should Pope v. State be applied retroactively to sentences imposed prior to April 26, 1990?

DELL, STONE and WARNER, JJ., concur.

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571 So. 2d 585, 1990 Fla. App. LEXIS 9800, 1990 WL 211745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-northcutt-fladistctapp-1990.

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